John McCain Is Furious That He Can't Lock Up Americans Under The NDAA

Late last year Senate Armed Services Chairman senior member John McCain (R.-Ariz.) and Carl Levin (D-Mich) crafted a National Defense Authorization Act (NDAA) addendum that outraged Americans and put the president on the spot.

The bill, in part, called for allowing the indefinite detention of Americans with no due process whatsoever.

Section 1022 expressly states that the military will imprison anyone who is a member of al-Qaeda or "an associated force" that acts like al-Qaeda; and anyone who planned or carried out an attack, or attempted attack, against the U.S.

Section 1022 continues that detaining American citizens is not required. "UNITED STATES CITIZENS — The requirement to detain a person in military custody under this section does not extend to citizens of the United States."

The bottom line being that the government could have imprisoned anyone suspected of, or even associated with, terrorism. But on February 28, Obama issued a Presidential Directive announcing section 1022 would not apply to Americans.

McCain pledged yesterday that until the Pentagon and the White House meet his demands to enforce certain provisions of the NDAA, including indefinite detention, he won't participate in voting on nominees and will do all he can to see the process grinds to a halt.

The list is filled with concerns over force assessment and budgetary priorities, but in the second to last bullet-point McCain lashes out directly at Obama for undermining the indefinite detention clause in the 2012 NDAA.

Following a lengthy and intense debate on provisions in the FY 2012 NDAA regarding detention in military custody of suspected terrorists, Congress and the Administration reached a bipartisan agreement that is reflected in Public Law 112-81 enacted on December 31, 2011. However, on February 28, 2012, the President issued a Presidential Policy Directive that effectively eviscerated major sections of that law, clearly contradicting the letter and spirit of the law.

McCain concludes his letter, drafted on Senate stationary from the Committee On Armed Forces, by saying he hopes his grievances are "simple misinterpretations of the law or inadvertent oversights, rather than willful disregard."